ETMC First Physicians v. Van Ness’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Dr. Jaffee’s conclusion that Nicholas would not have died had Dr. Ault began treatment on December 11, 2010, or December 15, 2010, does not follow from the aforementioned discussion of the facts in his report. Rather, because treatment is of little benefit to the person affected, the facts lead to the conclusion that had Dr. Ault provided antibiotics to Nicholas on either of those dates, at most Nicholas’s symptoms may have lessened and his ability to spread the disease to others may have diminished. The facts discussed in the report do not show that treatment would have altered the course of the disease, but lead to the conclusion that Nicholas was unfortunately one of those infants who did not survive despite timely treatment.”

   1 later decision quote this exact passage
   e.g. Van Ness v. ETMC First Physicians

2. “[t]he applicable standard of care as to Kristin Ault, DO is upon evaluation of a one month old child who presents with symptoms such as a history of fever, cough and nasal congestion, compounded by sick contacts at home, is to perform laboratory tests, administer antibiotics prophylaetically while the tests are pending and/or to admit the infant to a medical facility.... [[Image here]] ... [H]ad Dr. Ault, performed any of these tests, it would have shown Borde-tella pertussis at a treatable stage and but for the failure to treat Nicholas Van Ness as outlined above he would have had a 51% or more chance of survival.”

   1 later decision quote this exact passage
   e.g. Van Ness v. ETMC First Physicians

3. “• “prevention of pertussis via vaccination is of primary importance because treatment is of little benefit to the person infected”; • “unvaccinated or incompletely vaccinated infants younger than 12 months of age have the highest risk for severe and life-threatening complications and death”; • “A reasonable guideline is to treat ... infants aged less than [one] year within six weeks of cough onset”; and • “antibiotics may ‘shorten the duration of infectiousness and are thus recommended.’ ””

   1 later decision quote this exact passage
   e.g. Van Ness v. ETMC First Physicians